Comment to article 152. Violation of the rules for receiving raw materials, food and industrial goods for shipment outside the Republic of Kazakhstan The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules for receiving raw materials, food and industrial goods for shipment outside the Republic of Kazakhstan, committed by employees of railway, automobile, river, sea, air transport and mail operator, -
entails a fine in the amount of ten monthly calculation indices.
The commented article establishes administrative liability for violation of the rules for receiving raw materials, food and industrial goods for shipment outside the Republic of Kazakhstan.
The generic object of the offense provided for in Article 152 of the Administrative Code is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for conducting business in the Republic of Kazakhstan.
152 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan and protected by the state for receiving raw materials, food, and industrial goods by specialized transport and postal organizations for shipment outside the Republic of Kazakhstan. This procedure is established by the State in the rules for receiving goods and raw materials for shipment outside the Republic of Kazakhstan, approved by it, in order to ensure national (including food and industrial) safety, fulfill international obligations of the Republic of Kazakhstan, protect the health and safety of citizens, and protect their rights and legitimate interests. In accordance with paragraph 2 of art. 18 of the Law of the Republic of Kazakhstan "On Regulation of Trade Activities", in order to prevent or reduce a critical shortage in the domestic market of food or other goods included in the List of Essential Goods, central government agencies may, within their competence, impose bans and quantitative restrictions on the export of certain goods in coordination with the authorized body. The list of essential goods is determined by the authorized body on the basis of proposals from central government agencies.
152 of the Administrative Code, by virtue of the direct indication of this in the norm of the commented article, are individuals - employees of railway, automobile, river, sea, air transport and mail operator who violated the rules for receiving raw materials, food, industrial goods from individuals or legal entities for their subsequent shipment outside the Republic of Kazakhstan.
Accordingly, the subjects of the offense provided for in the commented article are not persons who have transferred raw materials or goods for shipment outside the Republic of Kazakhstan. 151 of the Administrative Code provides for an independent composition of an administrative offense in the form of violation of the rules for sending raw materials, food and industrial goods outside the Republic of Kazakhstan and establishes administrative responsibility for its commission.
The subjective side of the unlawful acts provided for in Article 152 of the Administrative Code for individual offenders is characterized by guilt in the form of intent or negligence. The guilt of a person is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.
The objective side of the offense provided for in the commented article is characterized by the commission by a person of unlawful culpable acts, expressed in violation of the rules for receiving raw materials, food, and industrial goods for shipment outside the Republic of Kazakhstan.
Actions for the reception by employees of railway, automobile, river, sea, air transport, postal operator of goods or raw materials transferred to them for their subsequent shipment outside the Republic of Kazakhstan in violation of the rules established for this are carried out by formalizing contracts, shipping documents (waybills, receipts, acceptance certificates) for the acceptance of raw materials or goods and the actual the offender's acceptance of such goods or raw materials for their subsequent export or shipment outside the Republic of Kazakhstan.
The offense does not cover the acts of issuing specified raw materials or goods by a person upon their arrival from abroad to the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan of goods or raw materials accepted outside the Republic of Kazakhstan in accordance with the procedure established for this by international treaties or legislation of the Republic of Kazakhstan.
For the purposes of qualifying the offense provided for in the commented article, the borders of the Republic of Kazakhstan, which are legally and geographically limited by the state border, and the spatial limit of state sovereignty, are understood as the borders of the Republic of Kazakhstan.
In turn, the state border is defined in Article 1 of the Law of the Republic of Kazakhstan "On the State Border" as a line and a vertical plane passing through it, defining the limits of the territory of the Republic of Kazakhstan (land, waters, subsoil, airspace) and the spatial limit of the state sovereignty of the Republic of Kazakhstan.
At the same time, in order to qualify an act as an offense under the commented article, it does not matter in which direction goods or raw materials were accepted outside the Republic of Kazakhstan – to foreign countries or to the territory of the member states of the Eurasian Economic Union.
According to subclause 40) of Article 1 of the Law of the Republic of Kazakhstan "On Regulation of Trade Activity", a product is understood to be any labor product intended for sale or exchange that has not been withdrawn from circulation.
For the purposes of qualifying an offense, raw materials in accordance with the commented article are understood to be objects of mineral or biological origin, chemical industry products intended and (or) used for the production (manufacture) of finished products, including: mineral (including hydrocarbon) raw materials, raw materials of plant or animal origin, food raw materials, medicinal raw materials, secondary raw materials, etc.
152 of the Administrative Code, the composition of an administrative offense is formal. To bring to administrative responsibility for its commission, it is not necessary to establish that the offender has caused material harm to the State, organization or citizen.
The offense provided for in the commented article is considered to have been committed at the moment when a person, in violation of the rules established for this purpose, accepted and documented the acceptance of raw materials, food, and industrial goods from individuals or organizations for their subsequent shipment (shipment) outside the Republic of Kazakhstan, even if these raw materials and goods were not exported (shipped) as a result outside the Republic of Kazakhstan.
An administrative penalty in the form of a fine is imposed for committing an offense under Article 152 of the Administrative Code.
The amount of the fine for committing an offense under Article 152 of the Administrative Code is 10 MCI, is fixed and is not subject to change by the body imposing it.
This penalty is imposed on offenders by the state revenue authorities or the court, if the case is considered in court.
The imposition of an administrative penalty on an offender does not release him from the obligation to eliminate violations of the rules for receiving goods or raw materials for shipment outside the Republic of Kazakhstan. After the elimination of such violations, the goods or raw materials can be shipped outside the Republic of Kazakhstan.
If the goods or raw materials accepted for shipment outside the Republic of Kazakhstan in violation of the rules established for this purpose are prohibited from being shipped outside the Republic of Kazakhstan, then the specified goods or raw materials are subject to return to their sender or owner in the territory of the Republic of Kazakhstan after they have submitted appropriate claims for return and evidence of rights to the goods or raw materials.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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